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Challenging the existing order of knowledge sharing governance with digital sequence information on genetic resources

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  • Charles Lawson
  • Fran Humphries
  • Michelle Rourke

Abstract

The Conference of the Parties to the Convention on Biological Diversity (CBD) have begun work on establishing a distinct multilateral mechanism to access and share the benefits (ABS) from digital sequence information on genetic resources (DSI), with the expectation of new monetary benefits.Regulating DSI for benefit sharing is problematic because efficiently and effectively regulating information requires defining DSI and identifying a suitable material proxy for the information because it is itself intangible (probably a levy or tax to access or use a database of information).More problematic is finding a compromise to the competing information governance frameworks: a dominant international intellectual property order that favours the free exchange of resources and information (generally favoured by the technology rich North); the taking of nature by States and re-ordering of biological resources to deliver benefits (generally favoured by the technology poor South); and, the claims of Indigenous Peoples according to their emerging rights in international law.

Suggested Citation

  • Charles Lawson & Fran Humphries & Michelle Rourke, 2024. "Challenging the existing order of knowledge sharing governance with digital sequence information on genetic resources," Journal of Intellectual Property Law and Practice, Oxford University Press, vol. 19(4), pages 337-357.
  • Handle: RePEc:oup:jiplap:v:19:y:2024:i:4:p:337-357.
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    File URL: http://hdl.handle.net/10.1093/jiplp/jpad129
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